Showing posts with label Notification. Show all posts
Showing posts with label Notification. Show all posts

Thursday, August 22, 2013

Income Tax :- Notification No. 64 dated 19.08.2013

GOVERNMENT OF INDIA
MINISTRY OF FINANCE
DEPARTMENT OF REVENUE
[CENTRAL BOARD OF DIRECT TAXES]

Notification

New Delhi, the 19th day of August, 2013
INCOME-TAX

              S.O. 2493(E).– In exercise of the powers conferred by clause (48) of Section 10 read with Section 295 of the Income-tax Act, 1961 (43 of 1961), the Central Government, having regard to the national interest, hereby notifies for the purposes of the said clause, the National Iranian Oil Company, as the foreign company and the Memorandum of Understanding entered between the Government of India in the Ministry of Petroleum and Natural Gas and the Central Bank of Iran on the 20th day of January, 2013, as the agreement subject to the condition that the said foreign company shall not engage in any activity in India , other than the receipt of income under the agreement aforesaid.

2. This notification shall be deemed to have come into effect from the 20th day of January,  2013.

[Notification No. 64/2013/ F.No.142/22/2013-TPL]


(ASHISH KUMAR)
Director to the Government of India

Saturday, May 25, 2013

Electronic E-Filing of Income Tax Return Mandatory if Income Exceeds Rs. 5 Lakhs

Electronic E-Filing of Income Tax Return Mandatory if Income Exceeds Rs. 5 Lakhs

Upto last year, e-filing was mandatory for those whose income exceeds rs. 10 Lakhs.  But from the financial year 2012-13 or Assessment Year 2013-14 it is mandatory to file electronic income tax return if income exceeds Rs. 5 Lakhs. Income Tax department has already issued Notification No. 34 / 2013 dated 01-05-2013

GOVERNMENT OF INDIA
MINISTRY OF FINANCE
DEPARTMENT OF REVENUE
[CENTRAL BOARD OF DIRECT TAXES]
NOTIFICATION

New Delhi, the 1st day of May, 2013
Income-tax

S.O. 1111 (E).─ In exercise of the powers conferred by section 295 of the Income-tax Act, 1961 (43 of 1961), the Central Board of Direct Taxes hereby makes the following rules further to amend the Income-tax Rules, 1962, namely:-
1. (1) These rules may be called the Income-tax (3rd Amendment) Rules, 2013.
    (2) They shall be deemed to have come into force with effect from the 1st day of April, 2013.

2. In the Income-tax Rules, 1962 (hereinafter referred to as the said rules), in rule 12,─
       (a) in sub-rule (1),-
                  (A) for the figures “2012”, the figures “2013” shall be substituted;

                  (B) in item (a),─
(i) in sub-item (iii), after the words “income from race horses”, the words “and does not have any loss under the head” shall be inserted; (ii) for the proviso, the following proviso shall be substituted, namely:-

“Provided that the provisions of this clause shall not apply to a person who,-


(I) is a resident, other than not ordinarily resident in India within the
meaning of sub-section (6) of section 6 and has,─

(i) assets (including financial interest in any entity) located outside India; or
(ii) signing authority in any account located outside India;

(II) has claimed any relief of tax under sections 90 or 90A or
deduction of tax under section 91; or

(III) has income not chargeable to tax, exceeding five thousand
rupees.”;

(C) in clause (ca), for the proviso, the following proviso shall be substituted, namely:-

“Provided that the provisions of this clause shall not apply to a person who,-

(I) is a resident, other than not ordinarily resident in India within the
meaning of sub-section (6) of section 6 and has,─

(i) assets (including financial interest in any entity) located outside India; or
(ii) signing authority in any account located outside India;

(II) has claimed any relief of tax under sections 90 or 90A or deduction of tax under section 91; or

(III) has income not chargeable to tax, exceeding five thousand rupees.”;

(b) in sub-rule(2), the following proviso shall be inserted, namely:-

“Provided that where an assessee is required to furnish a report of audit under sections 44AB, 92E or 115JB of the Act, he shall furnish the same electronically.”;

         (c) in sub-rule (3), in the proviso,-

(A) in clause (a),─

(i) for the words “an individual or a hindu undivided family”, the words “a person, other than a company and a person required to furnish the return in Form ITR-7” shall be substituted;

(ii) for the words “ten lakh rupees” the words “five lakh rupees” shall be substituted;

(iii) for the figures “2012-13”, the figures “2013-14” shall be 
substituted;
         (B) after clause (aaa), the following clause shall be inserted, namely:- 


“(aab) a person claiming any relief of tax under section 90 or 90A or deduction of tax under section 91 of the Act, shall furnish the return for assessment year 2013-14 and subsequent assessment years in the manner specified in clause (ii) or clause (iii);”

(C) in clause (b), after the words, brackets and figure “in clause (i)”, the words, brackets and figures “or clause (ii) or clause (iii)” shall be inserted. 

 (d) in sub-rule 4, after the words, brackets and figures “of sub-rule(3)”, the words and figures “and the report of audit in the manner specified in  proviso to sub-rule (2)” shall be inserted.



           (e) in sub-rule (5), for the figures “2011”, the fig

3. In the said rules, in Appendix-II, for “Forms SAHAJ (ITR-1), ITR-2, ITR-3, SUGAM (ITR-4S), ITR-4 and ITR-V”, the “Forms SAHAJ (ITR-1), ITR-2, ITR-3, SUGAM (ITR-4S), ITR-4 and ITR-V” shall be substituted.

[Notification No. 34 /2013/ F.No.142/5/2013-TPL]

(Gaurav Kanaujia)
Deputy Secretary to the Government of India

Note.- The principal rules were published in the Gazette of India, Extraordinary, Part-II, Section 3, Sub-section (ii) vide notification number S.O.969(E), dated the 26th March, 1962 and last amended by Income-tax (2nd Amendment) Rules, 2013 vide notification S.O.No.410 (E) dated 19th February, 2013.

Friday, January 18, 2013

e-TDS :- Notification No. 03/2013 dated 15th January, 2013

[TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY,
PART II, SECTION 3, SUB-SECTION (ii) of dated the 15th JANUARY, 2013]
GOVERNMENT OF INDIA
MINISTRY OF FINANCE
DEPARTMENT OF REVENUE
[CENTRAL BOARD OF DIRECT TAXES]
NOTIFICATION
New Delhi, the 15th January, 2013

S.O. 169 (E).— In exercise of the powers conferred by sub-section (2) of section 200A of the Income-tax Act, 1961 (43 of 1961), the Central Board of Direct Taxes hereby makes the following scheme for centralised processing of statements of tax deducted at source, namely:—

1.     Short title and commencement.— (1) This scheme may be called the Centralised Processing of Statements of Tax Deducted at Source Scheme, 2013.
(2) It shall come into force on the date of its publication in the Official Gazette.
2. Definitions.— (1) In this scheme, unless the context otherwise requires,—
(a) “Act” means the Income -tax Act, 1961 (43 of 1961);

(b)    “Assessing Officer” means the Assessing Officer who is  ordered or directed under section 120 of the Act to exercise or perform all or any of the powers and functions conferred on, or assigned to, an Assessing Officer under  Chapter XVII of the Act;


(c) “authorised agency” means the person  authorised by the Director General to receive the statement of tax deducted at source or correction statement of tax deducted at source;

(d) “Board” means the Central Board of Direct Taxes constituted under the Central Boards of Revenue Act, 1963 (54 of 1963);

(e)  “Cell” means the Centralised Processing Cell having jurisdiction over such statements of tax deducted at source as may be specified by the Board;

(f) “Commissioner” means the Commissioner of Income-tax in charge of the Centralised Processing Cell;

(g)      “correction statement of tax deducted at source” means the statement furnished for rectifying any mistake or  to add, delete or update the information   furnished  in the statement of tax deducted at source furnished under sub-section (3) of section 200 of the Act;(h)  “deductor” means a person deducting tax in accordance with the provisions of Chapter XVII of the Act;

(i)  “Director General” means the Director General of Income-tax (Systems) appointed as such under sub-section(1) of section117 of the Act;

(j) “portal” means the web portal of the authorised agency or the web portal  of the Cell, as the case may be;

(k)     “statement of tax deducted at source” means statement of tax deducted at source furnished under sub-section (3) of section 200 of the Act.

(2) The words and expressions used herein but not defined and defined in the Act shall have the meaning respectively assigned to them in the Act.

3. Centralised Processing Cell.— The Board  may  set up  as many Centralised Processing Cells as it may deem necessary and specify their respective jurisdictions.

4. Furnishing of correction statement of tax deducted at source.— (1) A deductor shall furnish the correction statement  of tax deducted at source in the  form specified by the Director General—

               (a) at the authorised agency through electronic mode; or
               (b) online through the  portal.
(2)  The correction statement referred to in  sub-paragraph (1) shall be furnished under digital signature or verified through a process in accordance with the procedure, formats, and standards specified by the Director General.
5. Processing of statements.— (1) The  Cell shall process   the  statement  of tax deducted at source furnished by a deductor in the manner specified under subsection (1) of  section 200A of the Act after taking into account the information contained in the correction statement of tax deducted at source, if any, furnished by the deductor before the date of processing.

(2) The Commissioner may—
                   (a)  adopt appropriate procedure for processing of the statement of tax deducted at  source; or
                    (b) decide the order of priority for processing of the statement of tax deducted at source based on administrative requirements.
6. Rectification of mistake.— (1) An Income-tax authority of the Cell may, with a view to rectifying any mistake apparent from the record under section 154 of the Act,  on its  own motion or on receiving an application from the  deductor, amend any order or intimation passed or sent by it under the Act.

(2) An application for rectification shall be furnished in the form  and manner specified by the Director General.

(3) Where a rectification has the effect of reducing the refund or increasing the  liability of the deductor, an intimation to this effect shall be sent to the deductor electronically by the Cell and the reply of the deductor shall be furnished in the form and manner specified by the Director General.

(4) Where an amendment has the effect of reducing a refund already made or increasing the liability of the deductor, the order under section 154 of the Act passed by an Income-tax authority of the Cell shall be deemed to be a notice of demand under section 156 of the Act.


7. Adjustment against outstanding tax demand.— Where a refund arises from the processing of a statement under this scheme, the provisions of section 245 of the Act shall, so far as may be, apply.
8. Appeal.— (1) Where a statement of tax deducted at source is processed at the Cell, the appeal proceedings relating to the processing of the statement shall lie with the Commissioner of Income-tax (Appeals) having jurisdiction over the Assessing Officer who has jurisdiction over the deductor and any reference to Commissioner of Income-tax (Appeals) in any communication from the Cell shall mean such jurisdictional Commissioner of Income-tax (Appeals).

(2) The Assessing Officer who has jurisdiction over the deductor shall submit the remand report and any other report to be furnished before the Commissioner of Income-tax (Appeals) and an order, if any, giving effect to appellate order shall be passed by such Assessing Officer.
9. No personal appearance at the Cell.— (1) No person shall be required to appear personally or through  authorised representative before the authorities at the Cell in connection with any proceedings.

(2) The Cell may call for such clarification, evidence or document as may be required for the  purposes of the processing of statement of tax deducted at source or for the purposes of the rectification of any order or intimation passed or sent by the Cell under the provisions of the Act.

(3) The deductor shall furnish the reply to any communication  under subparagraph (2) in such format as may be specified by the Director General.
10. Service of notice or communication.—(1) The service  of a notice or order or intimation or any other communication by the Cell may be made by delivering or transmitting a copy thereof to the deductor,—
                       (a) by electronic mail; or
              (b) by placing such copy in the registered electronic account of the deductor on the portal of the Cell; or
              (c) by any  mode mentioned in sub-section (1) of section 282 of the Act.

(2) The date of posting of  any communication under sub-paragraph (1) in the electronic mail or electronic account of the deductor in the portal of the Cell shall be deemed to be the date of service of such communication.

(3) The intimation, orders and notices shall be computer generated and need not carry physical signature of the person issuing it.
11. Power to specify procedure and processes.— The Director General may specify procedures and processes, from time to time, for effective functioning of the Cell in an automated and mechanised  environment, including specifying the procedure, formats, standards and  processes in respect of the following matters, namely:—

(a) form of correction statement of tax deducted at source;

(b) the manner of verification of correction statement of tax deducted at source;

(c) receipt of correction statement of tax deducted at source;

(d) form of rectification application;

(e) the manner of verification of rectification application;

(f) receipt and processing of rectification applications in the Cell;

(g) the mode and format of the acknowledgment to be issued by the Cell for the receipt of any document;

(h) the mode of authentication of any document or information submitted to the Cell, including authentication by digital signature or electronic signature;

(i) validation of any software used for electronic filing of correction statement of tax deducted at source or rectification application;

(j) provision of web portal facility including login facility, tracking status of correction statement of tax deducted at source or statement of tax deducted at source, display of relevant details of tax deduction or refunds to the taxpayer or deductor, as the case  may be, and facility of download of relevant information;

(k) call centre to answer queries and provide taxpayer services, including outbound calls to a deductor requesting for clarification to facilitate the processing of the statement of tax deducted at source filed;

(l) provision of grievance redressal mechanism in the Cell;

(m) managing tax administration functions such as receipt, scanning, data entry, processing, storage and retrieval of statement of tax deducted at source and documents in a centralised manner or receipt of paper documents through authorised intermediaries.

[Notification No.  03 /2013        [F.No. 142/39/2012-SO (TPL)]
(RAJESH KUMR BHOOT)
Director (TPL-III)

Saturday, January 5, 2013

Income Tax :- Notification No 55 dated 28.12.2012

SECTION 80-IA, SUB-CLAUSE (III) OF SUB-SECTION (4) OF THE INCOME-TAX ACT, 1961 - DEDUCTIONS - IN RESPECT OF PROFITS AND GAINS FROM INDUSTRIAL UNDERTAKINGS, OR ENTERPRISES ENGAGED IN INFRASTRUCTURE DEVELOPMENT, ETC. - NOTIFIED UNDERTAKINGS
NOTIFICATION NO. 55/2012 [F.NO. 178/49/2009-ITA-I], DATED 28-12-2012
Whereas the Central Government in exercise of the powers conferred by clause (iii) of sub-section (4) of section 80-IA of the Income-tax Act, 1961(43 of 1961)(hereinafter referred to as the said Act), has framed and notified a scheme for industrial park, by the notifications of the Government of India in the Ministry of Commerce and Industry (Department of Industrial Policy and Promotion) vide number S.O. 193 (E), dated the 30th March, 1999 for the period beginning on the 1st day of April, 1997 and ending on the 31st day of March 2002 and vide number S.O.354(E) dated the 31st day of March, 2006;
And whereas M/s. iLABS Hyderabad Technology Centre Private Ltd. having its registered office at iLABS Centre, Building No. 3, Plot No. 18, Software Units Layout, Madhapur, Hyderabad-500 081, is developing an Industrial Park at Plot No. 18, Software Units Layout Town/Tehsil-Madhapur, District-Hyderabad, AP-500 081;

Income Tax :- Notification No. 56 Dated 31.12.2012


SECTION 197A OF THE INCOME-TAX ACT, 1961 - DEDUCTION OF TAX AT SOURCE - NO DEDUCTION IN CERTAIN CASES - SPECIFIED PAYMENT UNDER SECTION 197A(1F)
NOTIFICATION NO. 56/2012 [F. NO. 275/53/2012-IT(B)], DATED 31-12-2012
In exercise of the powers conferred by sub-section (1F) of section 197A of the Income-tax Act, 1961 (43 of 1961), the Central Government hereby notifies that no deduction of tax under Chapter XVII of the said Act shall be made on the payments of the nature specified below, in case such payment is made by a person to a bank listed in the Second Schedule to the Reserve Bank of India Act, 1934 (2 of 1934), excluding a foreign bank, namely:-
(i)  bank guarantee commission;
(ii)  cash management service charges;
(iii)  depository charges on maintenance of DEMAT accounts;

Saturday, December 15, 2012

Income Tax:- Notification relating Rajiv Gandhi Equity Savings Scheme-2012

RAJIV GANDHI EQUITY SAVINGS SCHEME, 2012 - CORRIGENDUM
NOTIFICATION NO. 53/2012 [F. NO. 142/35/2012 -TPL]/SO 2835(E), DATED 5-12-2012
In the notification of Government of India, Ministry of Finance, Department of Revenue, No. 51/2012, dated 23rd November, 2012 bearing S.O. 2777(E) and published in the Gazette of India, Extraordinary, Part II, section 3, sub-section (ii), dated 23rd November, 2012—
 (i)  at page 10 of the Gazette Notification, in third and fourth line of sub-clause (c) of clause (v) of section 3 related to "definitions", for "sub-clause (i) or sub-clause (ii)", read "sub-clause (a) or sub-clause (b)" ;
(ii)  at page 10 of the Gazette Notification, in sub-clause (d) of clause (v) of section 3 related to "definitions", for "sub-clause (i) and sub-clause (ii)", read "sub-clause (a) and sub-clause (b)"; and

Thursday, December 6, 2012

Income Tax : Notification on Rule 56 of I.T. Rules, 1962


[TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, 
PART–II, SECTION 3, SUB-SECTION (ii)] 
GOVERNMENT OF INDIA 
MINISTRY OF FINANCE  
DEPARTMENT OF REVENUE 
(CENTRAL BOARD OF DIRECT TAXES) 
NOTIFICATION 

New Delhi, the   29th  November, 2012. 
(INCOME-TAX) 

 S.O. 2805(E).— In exercise of the powers conferred by section 295 of the Income-tax Act, 1961 (43 of 1961), the Central Board of Direct Taxes hereby makes the following rules further to amend the Income-tax Rules, 1962, namely:- 

1.  (1) These rules may be called the Income-tax (15th  Amendment) Rules, 2012. 
     (2) They shall come into force on the date of their publication in the Official Gazette. 

2. In the Income-tax Rules, 1962, (hereinafter referred to as the said rules), in rule 11U,— 
     (A) for clauses (a) and (b), the following clauses shall respectively be substituted, namely:- 
    
    ‘(a) "accountant" ,- 
         (i) for the purposes of sub-rule (2) of rule 11UA, means a fellow of the Institute of Chartered Accountants of India within the meaning of the Chartered Accountants Act, 1949 (38 of 1949) who is not appointed by the company as an auditor under Section 44AB of the Act or under Section 224 of the Companies Act , 1956 ( 1 of 1956); and  
             (ii) in any other case, shall have the same meaning as assigned to it in the Explanation below sub-section (2) of section 288 of the Act; 

    (b)  "balance-sheet", in relation to any company, means,-  

                (i)  for the purposes of sub-rule (2) of rule 11UA, the balance-sheet of such company (including the notes annexed thereto and forming part of the  accounts) as drawn up on the valuation date which has been audited by the auditor of the company appointed under section 224  of the Companies Act, 1956 (1 of 1956) and where the balance-sheet on the valuation date is not drawn up, the balance-sheet (including the notes annexed thereto and forming part of the accounts) drawn up as on a date immediately preceding the 
valuation date which has been approved and adopted  in the annual general meeting of the shareholders of the company; and  

              (ii) in any other case, the balance-sheet of such company (including the notes annexed thereto and forming part of the accounts) as drawn up on the valuation date which has been audited by the auditor appointed under section 224 of the Companies Act, 1956  (1 of 1956);’; 


         (B)    for clause (j), the following clause shall be substituted, namely:- 
                ‘(j)  "valuation date" means the date on which the property or consideration, as the case may be, is received by the assessee.’. 


3.      The rule 11UA of the said rules shall be renumbered as sub-rule (1) thereof,-  

          (i) in sub-rule (1) as so renumbered, in clause (c), for sub-clause (b), the following shall   be substituted, namely:- 

             “(b) the fair market value of unquoted equity shares shall be the value, on the valuation date, of such unquoted equity shares as determined in the following manner, namely:— 
                                                                          (A – L) 
the fair market value of unquoted equity shares = _______×  (PV), 
                                                                            (PE)  
where, 

A = book value of the assets in the balance-sheet as reduced by any amount of tax paid as deduction or collection at source or as advance tax payment as reduced by the amount of tax claimed as refund under the Income-tax Act and any amount shown in the balance-sheet as asset  including the unamortised amount of deferred expenditure which does not represent the value of any asset; 

L = book value of liabilities shown in the balance-sheet, but not including the following amounts, namely:— 
         (i)  the paid-up capital in respect of equity shares; 
        (ii)  the amount set apart for payment of dividends on preference shares and equity shares where such dividends have not been declared before the date of transfer at a general body meeting of the company; 
        (iii)  reserves and surplus, by whatever name called, even if the resulting figure is negative, other than those set apart towards depreciation; 
     (iv)  any amount representing provision for taxation, other than amount of tax paid as deduction or collection at source or as advance tax payment as reduced by the amount of tax claimed as refund under the Income-tax Act, to the extent of the excess over the tax payable with reference to the book profits in accordance with the law applicable thereto; 
        (v)  any amount representing provisions made for meeting liabilities, other than ascertained liabilities; 
       vi)  any amount representing contingent liabilities other than arrears of dividends payable in respect of cumulative preference shares; 

PE = total amount of paid up equity share capital as shown in the balance-sheet; 

PV = the paid up value of such equity shares;”; 

(ii) after the sub-rule (1) as so renumbered, the following sub-rule shall be inserted, 
namely:- 

“(2) Notwithstanding anything contained in sub-clause (b) of clause (c) of sub-rule (1), the fair market value of unquoted equity shares for the purposes of sub-clause (i) of clause (a) of Explanation to clause (viib) of sub-section (2) of section 56 shall be the value, on the valuation date, of such unquoted equity shares as determined in the following manner under clause (a) or clause (b), at the option of the assessee, 
namely:— 
                                                                                               (A – L) 
                 (a) the fair market value of unquoted equity shares = ______ ×  (PV), 
                                                                                                   (PE)  

where, 

A = book value of the assets in the balance-sheet as reduced by any amount of tax paid as deduction or collection at source or as advance tax payment as reduced by the amount of tax claimed as refund under the Income-tax Act and any amount shown in the balance-sheet as asset  including the unamortised amount of deferred expenditure which does not represent the value of any asset; 

L = book value of liabilities shown in the balance-sheet, but not including the following amounts, namely:— 

       (i)  the paid-up capital in respect of equity shares; 
      (ii)  the amount set apart for payment of dividends on preference shares and equity shares where such dividends have not been declared before the date of transfer at a general body meeting of the company; 
     (iii)  reserves and surplus, by whatever name called, even if the resulting figure is negative, other than those set apart towards depreciation; 
       (iv)  any amount representing provision for taxation, other than amount of tax paid as deduction or collection at source or as advance tax payment as reduced by the amount of tax claimed as refund as refund under the Incometax Act, to the extent of the excess over the tax payable with reference to the book profits in accordance with the law applicable thereto; 
          (v)  any amount representing provisions made for meeting liabilities, other than ascertained liabilities; 
         (vi)  any amount representing contingent liabilities other than arrears of dividends payable in respect of cumulative preference shares; 

PE = total amount of paid up equity share capital as shown in the balance-sheet; 

PV = the paid up value of such equity shares; or 

(b) the fair market value of the unquoted equity shares determined by a merchant banker or an accountant as per the Discounted Free Cash Flow method.”. 
  
                       [Notification No. 52/2012, F.No.142/19/2012-SO(TPL)] 

(Rajesh Kumar Bhoot) 

Director  
Note:  The principal rules were published vide notification number S.O. 969(E), dated the 26th  March, 
1962 and last amended vide notification number S.O.  2365 (E), dated 04/10/2012. 

Friday, August 31, 2012

Income Tax :- Notification No. 36 dated 30.08.2012

INCOME-TAX (Xth AMENDMENT) RULES, 2012 - INSERTION OF RULES 10F, 10G, 10H, 10-I, 10-J, 10K, 10L, 10M, 10N, 10-O, 10P, 10Q, 10R, 10S, 10T & 44GA
[NOTIFICATION NO. 36/2012 [F.NO.133/5/2012-SO (TPL)]/SO 2005(E), DATED 30-8-2012
In exercise of the powers conferred by sub-section (9) of section 92CC read with section 295 of the Income-tax Act, 1961 (43 of 1961), the Central Board of Direct Taxes hereby makes the following rules further to amend the Income-tax Rules, 1962, namely:-
1. (1) These rules may be called the Income-tax (10th Amendment) Rules, 2012.
(2) They shall come into force on the date of their publication in the official Gazette.
2. In the Income-tax Rules, 1962 (hereafter referred to as the principal rules), -
(a)  after rule 10E, the following rule shall be inserted, namely.-
"ADVANCE PRICING AGREEMENT SCHEME"
10F. Meaning of expressions used in matters in respect of advance pricing agreement.—For the purposes of this rule and rules 10G to 10-I,-
(a)  'agreement' means an advance pricing agreement entered into between the Board and the applicant, with the approval of the Central Government, as referred to in sub-section (1) of section 92CC of the Act;
(b)  "application" means an application for advance pricing agreement made under rule 10T;
(c)  "bilateral agreement" means an agreement between the Board and the applicant, subsequent to, and based on, any agreement referred to in rule 44GA between the competent authority in India with the competent authority in the other country regarding the most appropriate transfer pricing method or the arms' length price;
(d)  "competent authority in India" means an officer authorised by the Central Government for the purpose of discharging the functions as such for matters in respect of any agreement entered into under section 90 or 90A of the Act;
(e)  "covered transaction" means the international transaction or transactions for which agreement has been entered into;
(f)  "critical assumptions" means the factors and assumptions that are so critical and significant that neither party entering into an agreement will continue to be bound by the agreement, if any of the factors or assumptions is changed;
(g)  "most appropriate transfer pricing method" means any of the transfer pricing method, referred to in sub-section (1) of section 92C of the Act, being the most appropriate method, having regard to the nature of transaction or class of transaction or class of associated persons or function performed by such persons or such other relevant factors prescribed by the Board under rules 10B and 10C;
(h)  "multilateral agreement" means an agreement between the Board and the applicant, subsequent to, and based on, any agreement referred to in rule 44GA between the competent authority in India with the competent authorities in the other countries regarding the most appropriate transfer pricing method or the arms' length price;
(i)  "tax treaty" means an agreement under section 90, or section 90A, of the Act for the avoidance of double taxation;
(j)  "team" means advance pricing agreement team consisting of income-tax authorities as constituted by the Board and including such number of experts in economics, statistics, law or any other field as may be nominated by the Director General of Income-tax (International Taxation);
(k)  "unilateral agreement" means an agreement between the Board and the applicant which is neither a bilateral nor multilateral agreement.
10G. Persons eligible to apply.—Any person who-
(i)  has undertaken an international transaction; or
(ii)  is contemplating to undertake an international transaction,
shall be eligible to enter into an agreement under these rules.
10H. Pre-filing Consultation.—(1) Every person proposing to enter into an agreement under these rules shall, by an application in writing, make a request for a pre-filing consultation.
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Sunday, July 8, 2012

Income Tax Notification No 25 Dated 2nd July, 2012

GOVERNMENT OF INDIA
MINISTRY OF FINANCE
DEPARTMENT OF REVENUE
[CENTRAL BOARD OF DIRECT TAXES]
NOTIFICATION
New Delhi, the 2nd day of July, 2012
Income-tax

         S.O.1453(E).-   In exercise of the powers conferred by section 295 of the Income-tax Act, 1961 (43 of 1961), the Central Board of Direct Taxes hereby makes the following rules further to amend the Income-tax Rules, 1962, namely:-
1. (1) These rules may be called the Income-tax  (7th Amendment) Rules, 2012
    (2) They shall come into force from the date of its publication in the Official Gazette. 

2. In the Income-tax Rules, 1962,-
 (A) in rule 12,–

(i)             in sub-rule (1),-

(a)  in the proviso to  clause (a), for the words “ being an individual, who is a resident,”  the following words, brackets and figures shall be substituted, namely:- 
“who is a resident, other than not ordinarily resident in India within the meaning of  sub-section (6) of section 6”;

(b)  in the proviso to clause (ca), for the words “ being an individual or Hindu undivided family, who is a resident,” the following  words, brackets and figures shall be substituted, namely:-
who is a resident, other than not ordinarily resident in India within the meaning of  sub-section (6) of section 6”; 

(ii) in sub-rule (3), in the proviso, in clause (aa) after the words “being a resident,”  the  words, brackets and figures   “other than not ordinarily resident in India within the  meaning of sub-section (6) of section 6” shall be inserted;

(B) in Appendix-II, 

           (i) for Forms ITR-5, the following shall be substituted, namely:-
           (ii) for Form ITR-6, the following shall be substituted, namely:-
                
                      “Forms ITR-5 and ITR-6 have been separately attached”

[Notification No.25/2012/ F.No.142/31/2011 -TPL]

(Ashis Chandra Mohanty)
Under Secretary to the Government of India
Note.-   The principal rules were published  in the Gazette of India, Extraordinary, Part-II, Section 3, Sub-section (ii) vide notification number.S.O.969(E), dated the 26th March, 1962 and last amended by incometax (6thAmendment) Rules, 2012 vide notification S.O. No.1169(E) dated 23 /5/2012.

Monday, May 7, 2012

e-tds/e-tds Due Dates w.e.f. 01.04.2010

TDS/TCS PROCEDURE CHANGED W.E.F. 01.04.2010      
            Latest Due Dates for submitting e-tds returns and issuing form 16 and 16A


                Major amendments have been made by CBDT (The Central Board of Direct Taxes) regarding etds. Now Due Dates of etds/etcs returns  have been changed and  Time period  for issuing form 16  and 16A have also been changed.     These modifications are not minor. 


                   Changes regarding etds have been made vide  Notification No. 41/2010; SO No. 1261(E) dated 31.05.2010.  and will be implemented w.e.f. on the Income Tax deducted/collected on or after  01.04.2010. In clarity from Financial Year 2010-11. 


New Changes in TDS Rules

CBDT Press Release No. 402/92/2006-MC (27 of 2010), dated 2-6-2010

The Central Board of Direct Taxes (CBDT) have amended the Rules relating to TDS provisions date and mode of payment of tax deducted at source (TDS), TDS certificate and filing of ‘statement of TDS’ (TDS return) vide Notification No. 41/2010; SO No. 1261(E) dated 31.05.2010. The amended rules will apply only in respect of tax deducted on or after 1st day of April 2010.
Forms for TDS certificate have been revised to include the receipt number of the TDS return filed by the deductor. Now the Tax-deduction Account Number (TAN) of the deductor, Permanent Account Number (PAN) of the deductee, and Receipt number of TDS return filed by the deductor will form the unique identification for allowing tax credit claimed by the taxpayer in his income-tax return.
Government Authorities (Pay and Accounts Officer or Treasury Officer or Cheque Drawing and Disbursing Officer) responsible for crediting tax deducted at source to the credit of the Central Government by book-entry are now required to electronically file a monthly statement in a new Form No. 24G containing details of credit of TDS to the agency authorised by the Director General of Income-tax (Systems). 
Due date for furnishing TDS return for the last quarter of the financial year has been modified to 15th May (from earlier 15th June). The revised due dates for furnishing TDS return are
Sr. No.
Date of ending of the quarter of the Financial Year
Due Dates
1.
30th June
15th July of the Financial Year
2.
30th September
15th October of the Financial Year
3.
31st December
15th January of the Financial year
4.
31st March
15the May of the Financial Year immediately following the Financial Year in which deduction is made

Due dates for issuing TDS certificates to the employees or deductees or payees are also revised as under:-


Sr. No.
Category
Periodicity of Furnishing TDS Certificate
Due Dates
1.
Salary (Form 16)
Annual
By 31st day of May of the Financial Year immediately following the financial year in which the income was paid and tax deducted.
2.
Non Salary (Form 16A)
Quarterly
With in 15 (Fifteen days) from the due date for furnishing the etds/tcs Statement.

Special Deposit Dates of TDS/TCS (Click Here)


Download and Read Complete Notification No. 41, Date of  Issue 31.05.2010 (Click Here)

TDS Rates (Click here)

Sunday, May 6, 2012

Income Tax-Notification No. 16/2012 Dated 30.04.12 regarding Infrastructure Debt Fund

INCOME-TAX (FIFTH AMENDMENT) RULES, 2012 - INSERTION OF RULE 2F
NOTIFICATION NO. 16/2012 [F. NO. 149/72/2011-SO (TPL)], DATED 30-4-2012
In exercise of the powers conferred by clause (47) of section 10 read with section 295 of the Income-tax Act, 1961 (43 of 1961), the Central Board of Direct Taxes hereby makes the following rules further to amend the Income-tax Rules, 1962, namely:-
1. (1) These rules may be called the Income-tax (5th Amendment) Rules, 2012.
(2) They shall come into force from the date of their publication in the Official Gazette.
2. In the Income-tax Rules, 1962, after rule 2E, the following rule shall be inserted, namely:-
"Guidelines for setting up an Infrastructure Debt Fund for the purpose of exemption under clause (47) of section 10.
2F. (1) The Infrastructure Debt Fund shall be set up as a Non-Banking Financial Company conforming to and satisfying the conditions provided by the Reserve Bank of India in the Infrastructure-Development Fund - Non-Banking Financial Companies (Reserve Bank) Directions, 2011, vide notification No. DNBS.233/CGM (US)-2011, dated 21st November, 2011.

(2) The funds of Infrastructure Debt Fund shall be invested only in the Public Private Partnership Infrastructure Projects and Post - Commencement Operation Date Infrastructure Projects which have completed at least one year of satisfactory commercial operation and such Infrastructure Debt Fund is a party to tripartite agreement with the concessionaire and the project authority for ensuring compulsory buy out and termination payment.
(3) The Infrastructure Debt Fund shall issue rupee denominated bonds or foreign currency bonds in accordance with the directions of Reserve Bank of India (RBI) and the relevant regulations under the Foreign Exchange Management (Transfer or issue of security by a person resident outside India) Regulations, 2000, as amended from time to time.
(4) The terms and conditions of any bond issued by the Infrastructure Debt Fund shall be in accordance with the said directions of the Reserve Bank of India and the regulations referred to in sub-rule (3).
(5) In case of an investor in the aforesaid bond being a non-resident the original or initial maturity of bond, at time of first investment by such non-resident investor, shall not be less than a period of five years.
Provided that the investment made by a non-resident investor in such bonds shall be subject to a lock-in period of not less than three years, but the non-resident investor may transfer the bond to another non-resident investor within such lock-in period.
(6) The investment made by the Infrastructure Debt Fund in an individual project or project belonging to a group at any time, shall not exceed twenty per cent, of the corpus of the fund.
(7) No investment shall be made by the Infrastructure Debt Fund in any project where its sponsor or the associate enterprise or the group of such sponsor has a substantial interest.
(8) The Infrastructure Debt Fund shall file its return of income as required by sub-section (4C) of section 139 on or before the due date.
(9) In case the Infrastructure Debt Fund does not fulfil any of the conditions provided in this rule or directions of the Reserve Bank of India, all provisions of the Act shall apply as if it is not an Infrastructure Debt Fund referred to in clause (47) of section 10 of the Act.
Explanation. - For the purpose of this rule,-
 (i)  "associate enterprise" shall have the same meaning as assigned to it in section 92A of the Act;
 (ii)  "concern" shall have the same meaning as in clause (a) of Explanation 3 of sub-section (22) of section 2 of the Act;
(iii)  "concessionaire", "tripartite agreement" and "project authority" respectively shall have the same meaning as assigned to them in the Infrastructure Debt Fund-Non-Banking Financial Company (Reserve Bank) Directions, 2011;
(iv)  "corpus" means the total funds of the Infrastructure Debt Fund raised for the purpose of investment;
(v)  "group" means a group as defined in clause (mm) of section 2 of Securities and Exchange Board of India (Mutual Funds) Regulations, 1996.

(vi)  a person shall be deemed to have substantial interest in -
(a)  a company if he is the beneficial owner (including beneficial ownership held by one or more of his relatives, in case the person is an individual) of shares (not being the shares entitled to a fixed rate of dividend whether with or without a right to participate in profits) holding not less than 10 per cent of the voting power; or
(b)  a concern other than a company if he is, at any time during the previous year, beneficially entitled to not less than 20 per cent of the income of such concern.
(vii)  "relative", in relation to an individual, means—
(a)  spouse of the individual;
(b)  brother or sister of the individual;
(c)  brother or sister of the spouse of the individual;
(d)  brother or sister of either of the parents of the individual;
(e)  any lineal ascendant or descendant of the individual;
(f)  any lineal ascendant or descendant of the spouse of the individual;
(g)  spouse of the persons referred to in sub-clauses (b) to (f); or
(h)  any lineal descendant of a brother or sister of either the individual or of the spouse of the individual.
(viii)  "sponsor" means a non-banking financial company, or a bank which is allowed to act as sponsor of Infrastructure Debt Fund in accordance with the directions of Reserve Bank of India."

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